1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiffs are professors affiliated to the F University under G of the educational foundation (hereinafter “F University”), and the Defendant is the professor of F University from November 1, 2009 to December 1, 2009.

B. The Defendant was indicted as charged that “the Defendant committed a crime of occupational embezzlement, etc. by spending approximately KRW 440 million from the revenues belonging to school expenses accounts as legal advisory fees.” On November 7, 2013, the Defendant was sentenced to a fine of KRW 20 million in a criminal trial proceeding with the Daegu District Court Decision 2013Da4279, Nov. 7, 2013; the Defendant was sentenced to a fine of KRW 20 million in the appellate trial with the Daegu District Court Decision 2013No3761, Jul. 17, 2014; the Defendant was sentenced to a fine of KRW 10 million in the appellate trial with the Defendant’s objection; the Defendant filed an appeal against the judgment of the said appellate trial, but the Defendant’s appeal was dismissed on February 26, 2015, which became final and conclusive.

(c) The relevant provisions of the Regulations on the Appointment of Teaching Staff at F University are as follows:

Article 10 (Ipso Facto Retirement) Where a teacher falls under any of the following subparagraphs, he/she shall naturally retire:

1. Facts that no dispute exists over a case falling under Article 69 of the State Public Officials Act (based on recognition), entry of evidence Nos. 1, 2, and 3-1 through 3, and evidence No. 5, and the purport of the whole pleadings;

2. Determination

A. According to Article 57 of the former Private School Act (amended by Act No. 1324, Mar. 27, 2015; hereinafter the same), Article 10-4 subparag. 1 of the Public Educational Officials Act, and Article 33 subparag. 6-2 of the State Public Officials Act, the Plaintiffs’ assertion 1) provide that “where a sentence of a fine of at least three million won is imposed with respect to duties and the sentence has not been passed since it became final and conclusive, it shall be deemed that a private school teacher shall retire automatically from office.” Article 10 subparag. 1 of the F University Teachers Appointment Regulations also provides that “when he/she falls under Article 69 of the State Public Officials Act, he/she shall retire automatically.” The main sentence of Article 69 of the State Public Officials Act is the same.